New York Postnuptial Agreement - PDF by oan38723

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New York Postnuptial Agreement document sample

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									                                                                                                                                                                      P OS TNUP TIAL
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                      This agreement consists of two pages and a notarization page. Instructions for filling out this document may be found on page 4.
                      It is important that the instructions be carefully read and followed in completing the form

THIS AGREEMENT made on the                                                                                    day of the month of
in the year 20________, in the City/Town/Village of                                                          , State of
between Husband:
residing at:
and Wife:
residing at:

The parties hereby agree as follows:

I. Should a dispute arise between the parties in the course of their marriage, so that they do not live together as husband and wife, they agree
   to refer their marital dispute to the Beth Din of the United States of America, Inc. (currently located at 305 Seventh Ave., New York, NY
   10001, tel. 212 807-9042, www.bethdin.org), acting as an arbitration panel, for a binding decision.
II. The decision of the Beth Din of America shall be fully enforceable in any court of competent jurisdiction.
III. The parties agree that the Beth Din of America has exclusive jurisdiction to decide all issues relating to a get (Jewish divorce) as well as
    any issues arising from this Agreement or the ketubah and tena'im (Jewish premarital agreements) entered into by the Husband and the
    Wife. Each of the parties agrees to appear in person before the Beth Din of America at the demand of the other party.

  SECTION IV:A regarding additional financial issues is optional. Parties may select IV:A(1), IV:A(2) or IV:A(3) (but not more than one of these
  paragraphs). Unless one of these options is chosen, the Beth Din of America will be without jurisdiction to address matters of general financial disputes
  between the parties. For more information, see the instructions.

  IV:A(1). The parties agree that the Beth Din of                IV:A(2). The parties agree that the Beth Din of                IV:A(3). The parties agree that the Beth Din of
  America is authorized to decide all monetary disputes          America is authorized to decide all monetary disputes          America is authorized to decide all monetary disputes
  (including division of property and maintenance) that          (including division of property and maintenance) that          (including division of property and maintenance) that
  may arise between them. We choose to have                      may arise between them based on principles of                  may arise between them based on principles of
  Paragraph IV:A(1) apply to our arbitration agreement.          equitable distribution law customarily employed in the         community property law customarily employed in the
                                                                 United States as found in the Uniform Marriage and             United States as found in the Uniform Marriage and
                                                                 Divorce Act. We choose to have Paragraph IV:A(2)               Divorce Act. We choose to have Paragraph IV:A(3)
                                                                 apply to our arbitration agreement.                            apply to our arbitration agreement.
  Signature of                                                   Signature of                                                   Signature of
  Husband                                                        Husband                                                        Husband
  Signature of                                                   Signature of                                                   Signature of
  Wife                                                           Wife                                                           Wife


 SECTION IV:B regarding parenting disputes is optional. Unless this option is chosen, the Beth Din of America will be without jurisdiction to address matters
 of parenting disputes between the parties. For more information, see the instructions.

  IV:B. The parties agree that the Beth Din of America is authorized to decide all disputes, including child custody, child support, and visitation matters, as well as any other
  disputes that may arise between them.
  We choose to have Section IV:B apply to our arbitration agreement.
  Signature of
  Husband
  Signature of
  Wife



IV:C. The Beth Din of America may consider the respective responsibilities of either or both of the parties for the end of the marriage, as an
      additional, but not exclusive, factor in determining the distribution of marital property and maintenance, should such a determination be
      authorized by Section IV:A or Section IV:B.
                                                                                                                                                            INITIALS
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V.       Failure of either party to perform his or her obligations under this Agreement shall make that party liable for all costs awarded by either the Beth Din
         of America or a court of competent jurisdiction, including reasonable attorney's fees, incurred by one side in order to obtain the other party's
         performance of the terms of this Agreement.
VI.      The decision of the Beth Din of America shall be made in accordance with Jewish law (halakha) or Beth Din ordered settlement in accordance with
         the principles of Jewish law (peshara krova la-din), except as specifically provided otherwise in this Agreement. The parties waive their right to
         contest the jurisdiction or procedures of the Beth Din of America or the validity of this Agreement in any other rabbinical court or arbitration forum
         other than the Beth Din of America. The parties agree to abide by the published Rules and Procedures of the Beth Din of America (which are
         available at www.bethdin.org, or by calling the Beth Din of America) which are in effect at the time of the arbitration. The Beth Din of America shall
         follow its rules and procedures, which shall govern this arbitration to the fullest extent permitted by law. Both parties obligate themselves to pay for
         the services of the Beth Din of America as directed by the Beth Din of America.
VII.     The parties agree to appear in person before the Beth Din of America at the demand of the other party, and to cooperate with the adjudication of the
         Beth Din of America in every way and manner. In the event of the failure of either party to appear before the Beth Din of America upon reasonable
         notice, the Beth Din of America may issue its decision despite the defaulting party's failure to appear, and may impose costs and other penalties as
         legally permitted. Furthermore, Husband acknowledges that he recites and accepts the following:
               I hereby now (me'achshav), obligate myself to support my Wife from the date that our domestic residence together shall cease for whatever
               reasons, at the rate of $150 per day (calculated as of the date of our marriage, adjusted annually by the Consumer Price Index–All Urban
               Consumers, as published by the US Department of Labor, Bureau of Labor Statistics) in lieu of my Jewish law obligation of support so long as
               the two of us remain married according to Jewish law, even if she has another source of income or earnings. Furthermore, I waive my halakhic
               rights to my Wife's earnings for the period that she is entitled to the above stipulated sum. I acknowledge that I have now (me’achshav) effected
               the above obligation by means of a kinyan (formal Jewish transaction) in an esteemed (chashuv) Beth Din as prescribed by Jewish law.
         However, this support obligation shall terminate if Wife refuses to appear upon due notice before the Beth Din of America or in the event that Wife
         fails to abide by the decision or recommendation of the Beth Din of America. Furthermore, Wife waives her right to collect any portion of this support
         obligation attributable to the period preceding the date of her reasonable attempt to provide written notification to Husband that she intends to collect
         the above sum. Said written notification must include Wife’s notarized signature.
VIII. Husband and Wife execute this document to further enhance the continued harmonious marital relationship between themselves as husband and
      wife. Furthermore, the mutual promises of the parties are consideration each for the other, and this agreement shall be fully enforceable in a court of
      competent jurisdiction.
IX.      This Agreement may be signed in one or more duplicates, each one of which shall be considered an original.
X.       This Agreement constitutes a fully enforceable arbitration agreement. Should any provision of this Agreement be deemed unenforceable, all other
         surviving provisions shall still be deemed fully enforceable; each and every provision of this Agreement shall be severable from the other. As a
         matter of Jewish law, the parties agree that to effectuate this agreement in full form and purpose, they accept now (through the Jewish law
         mechanism of kim li) whatever minority views determined by the Beth Din of America are needed to effectuate the obligations contained in Section
         VII and the procedures and jurisdictional mandates found in Sections I, II, III and VI of this Agreement.
X.       Each of the parties acknowledges that he or she has been given the opportunity prior to signing this Agreement to consult with his or her own
         rabbinic advisor and legal advisor. The obligations and conditions contained herein are executed according to all legal and halakhic requirements.



         In witness of all the above, the Husband and Wife have entered into this Agreement.
         Signature of                                                              Signature of
         Husband                                                                   Wife


         Signature of                                                              Signature of
         Witness                                                                   Witness
         Signature of                                                              Signature of
         Witness                                                                   Witness

         End of Document. Notarization forms appear on the next page. For further information about notarization, see the instructions.



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Notarization Forms

  Acknowledgement for Husband                                                 Acknowledgement for Wife

 State of                        County of                                  State of                        County of
 On the      day of            in the year              before me,          On the      day of            in the year              before me,
 the undersigned personally appeared                                ,       the undersigned personally appeared                              ,
 personally known to me or proved to me on the basis of satisfactory        personally known to me or proved to me on the basis of satisfactory
 evidence to be the individual whose name is subscribed to within           evidence to be the individual whose name is subscribed to
 this agreement and acknowledged to me that he executed                     within this agreement and acknowledged to me that she executed
 the agreement.                                                             the agreement.
 Notary Public                                                              Notary Public




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